2024 Ohio 268
Ohio Ct. App.2024Background
- Dearies Cross pleaded guilty to two first-degree felony drug offenses—aggravated trafficking and trafficking in a fentanyl-related compound—in Hamilton County, Ohio.
- Cross was declared indigent by the trial court and was represented by both appointed and retained counsel during various stages.
- After a mistrial in early 2023, Cross entered his guilty pleas during a retrial; he was sentenced to an aggregate term of 12 to 15 years.
- On appeal, Cross challenged the proportionality of his sentence and the voluntariness of his pleas, alleging inability to cross-examine a codefendant and arguing sentencing disparity.
- Critically, Cross’s appellate attorney failed to file necessary trial transcripts, despite Cross’s eligibility to receive them at state expense due to indigence.
- The appellate court, lacking transcripts, presumed the regularity of the lower court proceedings and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Cross) | Held |
|---|---|---|---|
| Sentence proportionality | Sentence imposed was lawful | Sentence harsher than in similar cases; disparity is prejudicial | Court presumed regularity; could not review without transcript |
| Voluntariness of guilty pleas | Pleas were voluntary | Could not cross-examine codefendant, pleas not voluntary | Court presumed regularity; could not review without transcript |
| Failure to provide state-funded transcripts | Did not address | Entitled to transcripts at state expense due to indigency | Failure to request transcripts fatal to appeal |
| Ineffective assistance for not obtaining transcripts | Not at issue on direct appeal | Counsel failed to request necessary state-funded transcripts | Established grounds to reopen appeal per Supreme Court precedent |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (failure to provide transcripts requires presumption of regularity in trial court proceedings)
- State v. Arrington, 42 Ohio St.2d 114 (indigent defendants entitled to necessary appellate transcripts at state expense)
- State v. Leyh, 166 Ohio St.3d 365 (failure to provide transcripts can establish ineffective assistance grounds to reopen appeal)